Caddo Nation Leadership Dispute in Federal Court

Here are the materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

1 Complaint

1-7 Petn for Emergency TRO

1-8 CIO Emergency TRO

2 Plaintiff Motion for TRO

8 Plaintiff Supplemental Brief

9 DCT Order

Federal Court Holds Tribe May Prosecute Disenrollee

Here are the materials in Las Vegas Tribe of Paiute Indians v. Phebus (D. Nev.):

1 Complaint

1-1 Tribal Court of Appeals Opinion

8 Motion for Declaratory Judgment

10 DCT Order

An excerpt:

The Court DECLARES that the Tribe may assert criminal jurisdiction over any person qualifying as an Indian under the ICRA, as interpreted in cases such as United States v. Bruce, 394 F.3d 1215 (9th Cir. 2005), but in such a prosecution the Tribe must prove Indian status beyond a reasonable doubt, and the Tribal Court must submit the question to a jury where the crime is punishable by imprisonment, unless the jury right is properly waived, and there is no evidence that these procedures were followed as to Phebus in the cases cited. Furthermore, if the Tribe seeks to prosecute a non-member whose membership it has revoked or rejected, the Indian status analysis in such a prosecution may not rely upon political affiliation with the Tribe, but only upon actual or de facto membership in another tribe.

Mackinac Tribe v. Jewell — Complaint for Federal Recognition

Here is the complaint:

Complaint

An excerpt:

COMES NOW, Petitioner, MACKINAC TRIBE, by and through undersigned counsel, to petition the Court to determine that the MACKINAC TRIBE is a federally recognized  Indian Tribe, and to order the Defendant, Secretary of the Interior, to conduct elections under the Indian Reorganization Act to adopt a draft proposed Constitution for such tribe, and such other relief as may be appropriate.

Patent and Trademark Materials: Rejecting “Washington Redskins Potatoes” Mark

Here.

“The PTO has approved past marks for red-skinned potatoes and peanuts, but the application doesn’t appear to have anything to do with actual potatoes.”

NPR Ombudsman Commentary on Reporting on the “Washington Football Team”

Here.

Profile of Cora Reynolds Anderson, First Woman in Michigan State House … an also Ojibwe from the UP

Here.cora

And here is her Michigan Women’s Hall of Fame page.

A profile of “Cora’s Cafe” in the Anderson House Office Building is here.

Federal Court Requires Exhaustion of Tribal Remedies in ICRA Habeas Claim

Here are the materials in Styliest v. Rosebud Sioux Tribe (D.S.D.):

1 Habeas Petition

5 DCT Order Denying Habeas Writ

The Eighth Circuit denied petitioner’s direct appeal of his federal conviction here.

Federal Court Refuses to Dismiss Suit against Alaska Assn. of Village Presidents on Immunity Grounds

Here are the materials in Eaglesun Systems Products Inc. v. Association of Village Council Presidents (N.D. Okla.):

22 Motion to Dismiss

25 Opposition

33 Reply

41 DCT Order Denying Motion to Dismiss

An excerpt:

Now before the Court are the following motions: Defendant’s Motion to Dismiss (Dkt. # 22), Plaintiff’s Motion to Strike (Dkt. # 27), and Plaintiff’s Motion for Jurisdictional Discovery (Dkt. # 36). Defendant Association of Village Council Presidents (AVCP) argues that it has sovereign immunity from suit because all of its members are federally-recognized Indian tribes and AVCP was created to provide governmental services for its members. Plaintiff Eaglesun Systems Products, Inc. responds that AVCP is a non-profit corporation organized under state law, and it is not entitled to sovereign immunity as an Indian tribe or as a tribal organization. Plaintiff also requests leave to conduct jurisdictional discovery before the Court rules on defendant’s motion to dismiss.

Pro Se Contract Claim against Seminole Tribe Dismissed

Here are the materials in Wallace v. Askar (M.D. Fla.):

1 Claim

4 DCT Order Dismissing Suit

Federal Court Opinion in DeBoer v. Snyder

Here.

A worthy read for anyone interested in marriage equality. The court roundly discredited the State’s efforts to use junk science to support overt discrimination against same-sex couples.

The State should be utterly embarrassed and drop any appeal. There is no defense for a ban on same-sex marriage.